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Posted

Hello all,


Quick question.

Girlfriend is currently in the UK studying for a masters degree. She'll have been in the UK for about 18 months when she finishes.


Not sure what visa we should apply for after the student one runs out but looking long term, will this time she's spent here count towards the 3 years required to obtain citizenship?

Thanks,

MC

Posted

Yes, if she applies as the spouse or civil partner of a British citizen.

But in order to apply for citizenship she needs to have no time limit on her stay, i.e. ILR, and under the new settlement rules it will take her 5 years to get that.

Posted

Yes, if she applies as the spouse or civil partner of a British citizen.

But in order to apply for citizenship she needs to have no time limit on her stay, i.e. ILR, and under the new settlement rules it will take her 5 years to get that.

So it takes 5 years in order to acquire ILR and then another 12 months to get citizenship?

6 years seems lengthy.

Why even bother having the 3 years in the UK requirement to apply for citizenship as a spouse if they'll have had to been in the UK for 5 to get IRL?

Posted

As the spouse of a British citizen she can apply for citizenship immediately she has ILR; no need to wait for a further 12 months. Under the old, pre July 2012, rules spouses etc. were time qualified for ILR after 2 years in the UK as a spouse etc.; now it is 5.

The residential qualification for citizenship if the applicant is the spouse or civil partner of a British citizen is:

  • Must have been legally present in the UK on the exact day three years prior to applying.
  • During the three years prior to applying must have spent nor more than 270 days outside the UK with no more than 90 days in the final year.

See British Citizenship Basics for more.

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